FDIC case against Messick is over, or is it?

Though a federal jury ruled in favor of the Federal Deposit Insurance Corp. this week in a civil trial against Sarasota law firm Icard Merrill and one of its top partners, the panel's decision may not conclude the case.

Minutes before the verdict was reached, the firm's defense team filed a motion asking U.S. District Court Judge Virginia Hernandez-Covington to overrule the jury's decision — then unknown — in the legal malpractice and breach of fiduciary duty case against the firm and attorney Robert Messick.

The attorneys argued that even if the FDIC convinced the jury to agree with the agency on both counts, the federal government failed to present enough evidence to support damages — then also unknown — that could have been awarded in the case.

The jury ultimately awarded the FDIC $1.2 million.

Acting as receiver for the now-defunct First Priority Bank, the agency sought $4.6 million from losses it attributed to Messick's poor representation in a $5.3 million loan that slipped into foreclosure during the real estate decline.

The judge said in court this week that she rarely goes against jury decisions, but she agreed to give Messick's legal team 30 days to substantiate their claims.

Attorneys from both sides will use that time to review official transcripts from the seven-day trial and present an 11th-hour argument to determine whether the evidence was strong enough to warrant $1.2 million in damages.

“We wanted to bring it to the judge's attention,” Dennis Waggoner, a Tampa attorney representing Messick and Icard Merrill, said of the potential lack of evidence. “And we will continue to bring it to her attention.”

Waggoner also said he plans to appeal the case if the motion is not approved.